Do I Need a Vehicle Transfer on Death Designation in Alabama?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. Alabama does not offer a vehicle transfer-on-death designation. Alabama has no vehicle transfer-on-death statute. The Uniform Certificate of Title and Antitheft Act (Ala. Code Title 32, Chapter 8) does not authorize a beneficiary-form certificate of title — its transfer-of-ownership sections (32-8-44 generally, 32-8-45 to/from dealer, 32-8-46 by operation of law, 32-8-47 issuance of a new certificate) contain no TOD or beneficiary provision; on a sole owner's death the interest passes by operation of law under 32-8-46 and the transferee applies for a new certificate. The Department of Revenue rule governing a deceased owner's vehicle (Ala. Admin. Code r. 810-5-75-.09) provides only for transfer by Next of Kin Affidavit (Form MVT 5-6) when the estate is not probated, or by an estate executor/administrator under letters testamentary or letters of administration when it is probated — there is no TOD beneficiary designation on the title.
Because Alabama does not offer a vehicle TOD designation, the vehicle transfers through: Next of Kin Affidavit (Form MVT 5-6): when the estate has not been and will not be probated, the next of kin submits a title application with Form MVT 5-6 (attesting the desire of all heirs) and a copy of the deceased owner's death certificate to transfer ownership or obtain a replacement title; the next of kin signs the title assignment as "seller" on behalf of the estate., Probate transfer: when the estate has been or will be probated, the executor or administrator applies for title using a copy of the letters testamentary, letters of administration, or an equivalent court order, signing the title assignment as "seller" on behalf of the estate., Joint "or" title: a vehicle titled to two owners joined by "or" can be retitled on one owner's death because only one owner is required to sign the title application (titles joined by "and" require both owners to sign); co-owners commonly use "or" joint title to avoid probate of the vehicle.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a Alabama vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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Alabama Estate Planning Resources
In-depth guides covering Alabama probate laws, trust requirements, and estate planning strategies.
